United States v. Roman-Diaz, No. 15-2355 (1st Cir. 2017)Annotate this Case
Appellant pled guilty to conspiring to possess with intent to distribute in excess of 280 grams of cocaine base and aiding and abetting in the possession of a firearm in furtherance of a drug-trafficking crime. The district court sentenced Appellant to a top-of-the-range incarcerative term on count one and the mandatory minimum incarcerative term on count two. The sentences were ordered to run consecutively. On appeal, Appellant challenged his sentence. The First Circuit affirmed, holding (1) the district court did not err in its choice of a criminal history category; and (2) the district court did not misapply the sentencing guidelines in determining that Appellant’s sentence should be imposed consecutively to his undischarged state sentence.